Critiquing Theoretical Approaches to International Law: Toward a Balanced International Legal Order

International law stands at the crossroads of power and principle. Realist, state-centric, and Kantian traditions all attempt to explain its reach and its limits, yet each falls prey to characteristic blind spots. This article surveys the three approaches in turn, showing how Realism’s focus on survival dismisses law’s normative pull, how Statism prizes procedural legitimacy at the expense of substantive justice, and how Kantian Idealism risks licensing coercive interventions in the name of moral progress. Drawing on primary texts and doctrinal illustrations, the paper argues that no single paradigm provides an adequate blueprint for a durable world order. Instead, their composite flaws reveal the pre-conditions any future synthesis must meet: respect for individual rights, a realistic appraisal of power constraints, and an institutional design capable of incremental evolution. By mapping these limitations, the article lays the groundwork for later research without advancing a new grand theory. The analysis proceeds in three parts: first, a reconstruction of each approach’s core premises; second, a critique calibrated to the dual concept of peace (negative and positive); and third, a conclusion that distils practical lessons while underlining the continuing utility of the UN Charter and the ICJ Statute as adaptable legal scaffolds.

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Publication Details

Journal
Societas et iurisprudentia
Published
2025-01-01
DOI
https://doi.org/10.31262/1339-5467/2025/13/2/47-73
Primary Topic
International Law and Human Rights
Type
article
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article

Critiquing Theoretical Approaches to International Law: Toward a Balanced International Legal Order

Nejat Doğan
Societas et iurisprudentia
International Law and Human Rights
article

Critiquing Theoretical Approaches to International Law: Toward a Balanced International Legal Order

Nejat Doğan
article en

Abstract

International law stands at the crossroads of power and principle. Realist, state-centric, and Kantian traditions all attempt to explain its reach and its limits, yet each falls prey to characteristic blind spots. This article surveys the three approaches in turn, showing how Realism’s focus on survival dismisses law’s normative pull, how Statism prizes procedural legitimacy at the expense of substantive justice, and how Kantian Idealism risks licensing coercive interventions in the name of moral progress. Drawing on primary texts and doctrinal illustrations, the paper argues that no single paradigm provides an adequate blueprint for a durable world order. Instead, their composite flaws reveal the pre-conditions any future synthesis must meet: respect for individual rights, a realistic appraisal of power constraints, and an institutional design capable of incremental evolution. By mapping these limitations, the article lays the groundwork for later research without advancing a new grand theory. The analysis proceeds in three parts: first, a reconstruction of each approach’s core premises; second, a critique calibrated to the dual concept of peace (negative and positive); and third, a conclusion that distils practical lessons while underlining the continuing utility of the UN Charter and the ICJ Statute as adaptable legal scaffolds.

Societas et iurisprudentiaVol. 13(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
International Law and Human Rights
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Critiquing Theoretical Approaches to International Law: Toward a Balanced International Legal Order — Nejat Doğan · Societas et iurisprudentia (2025) | TGRS Research Map | TGRS